The House of Delegates met at 3:00 p.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, May 26, 2009, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Caputo, and by unanimous consent, the House of Delegates
proceeded to the Eleventh Order of Business for the purpose of consideration of a bill on second
reading.

Special Calendar

Second Reading

Com. Sub. for H. B. 2010, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on second reading,
coming up in regular order, was read a second time.
The Clerk reported an amendment by Delegates Blair, J. Miller and Overington, on page two
hundred seven, line sixty-two, following the word "Fair", by striking out the figure "3,500" and
inserting in lieu thereof the figure "18,500 ".
And,
On page two hundred one, line three hundred twenty five, following the word "(Berkeley)"
by striking out the figure "25,000" and inserting in lieu thereof the figure "10,000".
At 3:53 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m.,
and reconvened at that time.

Messages from the Executive

The Speaker laid before the House of Delegates communications from His Excellency, the
Governor, revising estimates of revenue, which were read by the Clerk and referred to the Committee
on Finance. as follows:Insert Ex. Mess. No. 5
Insert Ex. Mess. No. 6

Special Calendar

Second Reading

-Continued-

The House then proceeded to further consideration of Com. Sub. for H. B. 2010, Budget
Bill.
The Clerk again reported an amendment by Delegates Blair, J. Miller and Overington on page two hundred seven, line sixty-two, following the word "Fair", by striking out the figure "3,500" and
inserting in lieu thereof the figure "18,500 ".
And,
On page two hundred one, line three hundred twenty five, following the word "(Berkeley)"
by striking out the figure "25,000" and inserting in lieu thereof the figure "10,000".
The question before the House being the adoption of the amendment, the same was put and
did not prevail.
Delegate Blair moved to amend the bill on page fifty, line twenty-two, following the word
"purposes", by changing the period to a colon and inserting the following:
"Provided, That the first $25,000 of this fund expended for improvement purposes shall be
expended to construct a new shooting range at the Sleepy Creek Wildlife Management Area."
On the adoption of the amendment, Delegate Blair demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 520), and there were--yeas
29, nays 66, absent and not voting 5, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael,
Cowles, Duke, Evans, Fleischauer, Hamilton, Ireland, Lane, Louisos, C. Miller, J. Miller,
Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Beach, Craig, Hutchins, McGeehan and Tabb.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
Delegates Armstead, Carmichael, Schoen and Shott then moved to amend the bill on page twenty-four, section seven, following line eleven, by inserting the following:
"From this appropriation, ten million dollars shall be transferred to the unemployment
compensation trust fund for the fiscal year 2010."
On page twenty-four, section seven, line twelve, following the word "from", by inserting the
words "the remainder of".
And,
On pages two hundred thirty-five, section two hundred sixty-nine, following line five, by
inserting the following:
"From this appropriation, twenty-five million dollars shall be transferred to the
unemployment compensation trust fund for the fiscal year 2010."
On the adoption of the amendment, Delegate Armstead demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 521), and there were--yeas
29, nays 66, absent and not voting 5, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, C. Miller, J. Miller, Overington,
Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Beach, Craig, Hutchins, McGeehan and Tabb.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
Delegate Wooton moved to amend the bill on page two hundred five, line fourteen, Item 255
- - Division of Culture and History, by striking out the figure "300,000 " and inserting in lieu thereof, the figure "380,000 "; which motion did not prevail.
Delegates Lane and Walters moved to amend the bill on page two hundred nine, at line eight-
seven, following the figure "5,000", by striking out the words "Charleston Sternwheel Regatta" and
inserting in lieu thereof the words "Kanawha County Fair"; which motion did not prevail.
There being no further amendments, the bill was then ordered to engrossment and third
reading.
Delegate Boggs moved that the constitutional rule requiring the bill to be fully and distinctly
read on three several days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 522), and there were--yeas 76, nays
19, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Ellem, Hamilton, Lane,
C. Miller, J. Miller, Overington, Porter, Rowan, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Beach, Craig, Hutchins, McGeehan and Tabb.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 523), and there were--yeas
82, nays 13, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Cowles, Duke, Lane, C. Miller, J. Miller, Overington, Porter,
Sobonya, Sumner and Walters.
Absent And Not Voting: Beach, Craig, Hutchins, McGeehan and Tabb.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2010) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 524), and there were--yeas 87, nays
8, absent and not voting 5, with the absent and not voting being as follows:
Nays: Andes, Armstead, Cowles, C. Miller, J. Miller, Porter, Sobonya and Sumner.
Absent And Not Voting: Beech, Craig, Hutchins, McGeehan and Tabb.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2010) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Committee Reports

At the request of Chairman Wells, and by unanimous consent, permission was granted the
Joint Committee on Enrolled Bills, after it had examined, found truly enrolled and presented to His
Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment
of April 12, 2009 of the Legislature, to file its report with the Clerk and that such reports be included
in the Journal, and that communications from His Excellency, the Governor, as to his action on bills,
also be included in the Journal.
In accordance with the foregoing unanimous consent request, Delegate Wells filed reports
of the Joint Committee on Enrolled Bills as follows:

April 4, 2009

(Com. Sub. for H. B. 2869), Lengthening the time frame for the filing of post-primary and
post general campaign financial statements, (H. B. 2913), Relating to the Statewide Independent Living Council, (Com. Sub. for H. B. 2916), Relating to the Emergency Medical Services Act, (Com. Sub. for H. B. 2999), Relating to the Streamlined Sales and Use Tax Agreement and
the West Virginia consumers sales and service tax and use tax, (H. B. 3011), Repealing the section of code relating to limitation on political activity of
officers or employees in the administration of the Vocational Rehabilitation Program, (Com. Sub for H. B. 3017), Exempting from the consumers sales and service tax and use
tax any sales of donated clothing or clothing accessories, (Com. Sub. for H. B. 3063), Relating to hunting, tagging and reporting bear, (H. B. 3155), Relating to the renewal of the West Virginia Small Business Linked Deposit
Program, (Com. Sub. for H. B. 3240), Giving the Commissioner of Motor Vehicles authority to
approve all-terrain vehicle rider safety awareness courses, (H. B. 3295), Relating to the West Virginia State Treasurer's Office,
And, (Com. Sub. for H. B. 3336), Continuing early intervention services to families with
developmentally delayed infants and toddlers but eliminating the cost-free provision.

April 5, 2009

(Com. Sub. for H. B. 2968), Requiring the State Fire Commission to establish safety
standards for liquefied petroleum gas systems, (H. B. 2981), Relating to primary elections and nominating procedures of third-party candidates, (H. B. 3047), Clarifying that the Director of the Public Employees Insurance Agency is
authorized to enter into capitated provider arrangements for provision of primary health care
services, (Com. Sub. for H. B. 3074), Allowing the Secretary of State to notify people with delinquent
taxes by certified mail, (Com. Sub. for H. B. 3120), Increasing the WV Prosecuting Attorneys Institute's executive
council's elected members from five to seven and permitting the appointment of special prosecutors
in juvenile delinquency, child abuse or neglect proceedings, (H. B. 3170), Relating to WV Guardianship and Conservatorship Act, (Com. Sub. for H. B. 3195), Establishing a funding mechanism for state aid for local health
departments, (H. B. 3197), Authorizing municipalities to permit nonpolice officers to issue citations for
littering, (Com. Sub. for H. B. 3314), Relating to concealed handgun licensing,
And, (Com. Sub. for H. B. 3339), Facilitating the complete closure of the Gwinn, otherwise
known as the Midwest Services Landfill, located in Summers County.

April 6, 2009

(Com. Sub. for H. B. 2218), Authorizing the Department of Transportation to promulgate
legislative rules, (Com. Sub. for H. B. 2309), Updating the law governing the practice of occupational
therapy, (Com. Sub. for H. B. 2528), Updating the regulation of the practice of forestry, (Com. Sub. for H. B. 2531), Updating the regulation of the practice of barbers and
cosmetologists,
(Com. Sub. for H. B. 2695), Providing criminal penalties for a hunter who fails to render
aid to a person the hunter shoots while hunting, (Com. Sub. for H. B. 2701), Relating to an escape of any person from the custody of the
Division of Juvenile Services, (Com. Sub. for H. B. 2788), Protecting incapacitated adults from abuse or neglect by a care
giver, (H. B. 2801), Updating language and making technical changes and clarifications of the West
Virginia Board of Medicine,(H. B. 2884), Long-Term Care Partnership Program, (Com. Sub. for H. B. 2885), Establishing a uniform credentialing form and creating a single
credentialing verification organization (CVO),(H. B. 2920), Eliminating the felony conviction for a second or subsequent conviction of petit
larceny, (Com. Sub. for H. B. 2926), Establishing a procedure for challenging a candidate's
qualifications for elected office.(H. B. 2931), Removing a severance tax on timber for tax years 2010 through 2013, (Com. Sub. for H. B. 2958), Increasing the fines for a trespassing conviction pursuant to
certain circumstances.
And,
(Com. Sub. for H. B. 2976), Requiring the State Fire Commission to promulgate rules
pertaining to the State Building Code.

April 8, 2009

(Com. Sub. for H. B. 2535), Creating a tax credit for certain solar energy systems, (Com. Sub. for H. B. 2723), Authorizing liens by municipalities and requiring
administrative procedures for the assessment and collection of delinquent municipal fees, (Com. Sub. for H. B. 2877), Increasing the monetary penalties, removing the possibility of
incarceration and adding community service for a minor who misrepresents his or her age when
purchasing alcohol, (Com. Sub. for H. B. 3146), Relating to seniority rights for school service personnel, (Com. Sub. for H. B. 3208), Including the hours of training county board members have
acquired,
And, (Com. Sub. for H. B. 3278), Relating to the life and health insurance guaranty association.

(Com. Sub. for H. B. 2170), Authorizing the Department of Commerce to promulgate
legislative rules, (Com. Sub. for H. B. 2418), Relating to exempting certain records of the Division of
Corrections and Regional Jail Authority from the Freedom of Information Act that, if released, could
aid inmates in committing unlawful acts, (Com. Sub. for H. B. 2419), Providing inmates a reduction in sentence for completion of
education and rehabilitation programs, (Com. Sub. for H. B. 2421), Requires that inoperable fire hydrants be painted black and be reported to emergency dispatch centers, (Com. Sub. for H. B. 2423), Relating to the Board of Medical Imaging and Radiation
Therapy Technology,(Com. Sub. forH. B. 2464), Authorizing county commissions to designate locations for
early voting other than the county courthouse or annex, (Com. Sub. for H. B. 2504), Establishing the Silver Alert Plan, an alert system for missing
cognitively impaired persons, (Com. Sub. for H. B. 2530), Relating to further defining professional student support
personnel, (Com. Sub. for H. B. 2532), Creating licensure for Marriage and Family Therapists, (H. B. 2541), Including poultry among those domesticated farm animals or stock which the
owner shall be liable for damages caused by those animals, (Com. Sub. for H. B. 2567), Relating to filing agency rules with the Secretary of State under
the Administrative Procedures Act,
And,(Com. Sub. for H. B. 2685), Amending the Uniform Principal and Income Act.

April 22, 2009

(Com. Sub. for H. B. 2870), Extending the deadline of the buyback provision provided
under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement
System.

(Com. Sub. for H. B. 2222), Authorizing the Department of Military Affairs and Public
Safety to promulgate legislative rules,(Com. Sub. for H. B. 2407), Relating to trustee accounts and funds, earnings and personal
property of inmates, (Com. Sub. for H. B. 2569), Creating the Juvenile Services Reimbursement Offender Fund. (H. B. 2651), Repealing article regulating male breeding animals, (Com. Sub. for H. B. 2684), West Virginia Drug Offender Accountability and Treatment Act, (H. B. 2734), Relating to minimum guarantees provided to members who elected to transfer
from the Teachers' Defined Contribution System to the Teachers' Retirement System, (Com. Sub. for H. B. 2742), Repealing outdated provisions from the WV Code relating to
vinegars, (Com. Sub. for H. B. 2753), Relating to the continuation of the Design-Build Program, (Com. Sub. for H. B. 2839), Relating to the management of pain by physicians, (H. B. 2950), Creating the Neighborhood Housing and Economic Stabilization Program for
low-income minority neighborhoods, (H. B. 2952), Clarifying that a terroristic threat is a felony regardless of intent to actually
commit the threatened act,
And,(Com. Sub. for H. B. 3196), Declaring certain claims against the state and its agencies to
be moral obligations of the state.

April 29, 2009

(Com. Sub. for H. B. 2694), Establishing certain requirements for modification of custodial
rights for parent's or guardian's that have been deployed to the United States Armed Forces, (Com. Sub. for H. B. 2719), Relating to the sale and distribution of craft beer, (Com. Sub. for H. B. 2739), Enhancing the service and enforcement of domestic violence
protective orders issued by state courts, (Com. Sub. for H. B. 2819), Authorizing miscellaneous agencies and boards to promulgate legislative rules, (Com. Sub. for H. B. 2863), Relating to construction of state utility projects, (Com. Sub. for H. B. 3036), Relating to notice and publication requirements for
expungement petitions,(Com. Sub. for H. B. 3134), Municipal vote by mail pilot program, (Com. Sub. for H. B. 3194), Making it a misdemeanor to knowingly file false information
with the Secretary of State,(Com. Sub. for H. B. 3288), Relating to mental health parity, (Com. Sub. for H. B. 3305), Relating to the powers and duties of probation officers, (Com. Sub. for H. B. 3313), Allowing depositories and banks to meet the security
requirement necessary to be a depository for boards of education by providing a letter of credit from
a federal home loan bank,
And, (H. B. 3340), Relating to entry into a data state compact among the Higher Education Policy
Commission, Council for Community and Technical College Education and State Board of
Education.

April 30, 2009

(Com. Sub. for H. B. 2335), Relating to the federal "Yellow Ribbon G. I. Education
Enhancement Program", (Com. Sub. for H. B. 2360), Insuring that tobacco products are not sold in any packaging
other than the original, (Com. Sub. for H. B. 2401), Providing for the expiration of the alternative minimum tax, (H. B. 2536), Adding language that includes railcars and locomotives in the category of
railroad property that is illegal to interfere or tamper with, (H. B. 2539), Authorizing professional licensing boards to combine administrative staff
functions, (Com. Sub. for H. B. 2557), Relating to the enforcement of new motor vehicle warranties, (Com. Sub. for H. B. 2566), Expanding applicability of increased penalties for crimes
against certain protected persons, (Com. Sub. for H. B. 2660), Expanding the definition of limited health care service, (Com. Sub. for H. B. 2690), Updating language pertaining to indemnity for the death of
diseased or infected animals,(Com. Sub. for H. B. 2737), Authorizing the Administrative Director of the Supreme Court
of Appeals to hire regional or specialized probation officers, (Com. Sub. for H. B. 2771), Relating to the West Virginia Alcohol and Drug-Free
Workplace Act, (H. B. 2841), Extending the time for the city council of Richwood to meet as a levying body,
And, (Com. Sub. for H. B. 2860), Regulating the sequestration and storage of carbon dioxide.

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had concurred in the amendment of the
House of Delegates and again passed, to take effect from passage, a bill of the House of Delegates,
heretofore disapproved by the Governor, all in an effort to meet the objections of the Governor as
follows:Com. Sub. for H. B. 2423, Relating to the Board of Medical Imaging and Radiation Therapy
Technology.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had concurred in the amendment of the
House of Delegates and again passed, to take effect July 1, 2009, a bill of the House of Delegates,
heretofore disapproved by the Governor, all in an effort to meet the objections of the Governor as
follows:Com. Sub. for H. B. 2535, Creating a tax credit for certain solar energy systems.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had concurred in the amendment of the
House of Delegates and again passed bills of the House of Delegates, heretofore disapproved by the
Governor, all in an effort to meet the objections of the Governor as follows:Com. Sub. for H. B. 2701, Relating to an escape of any person from the custody of the
Division of Juvenile Services.Com. Sub. for H. B. 2271, Relating to the West Virginia Alcohol and Drug-Free Workplace
Act,H. B. 2920, Eliminating the felony conviction for a second or subsequent conviction of petit
larceny,Com. Sub. for H. B. 2926, Establishing a procedure for challenging a candidate's
qualifications for elected office,Com. Sub. for H. B. 3120, Increasing the WV Prosecuting Attorneys Institute's executive
council's elected members from five to seven and permitting the appointment of special prosecutors
in juvenile delinquency, child abuse or neglect proceedings,H. B. 3170, Relating to WV Guardianship and Conservatorship Act,Com. Sub. for H. B. 3194, Making it a misdemeanor to knowingly file false information
with the Secretary of State,H. B. 3197, Authorizing municipalities to permit nonpolice officers to issue citations for
littering,
And,Com. Sub. for H. B. 3288, Relating to mental health parity.

Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Beach, Craig, Hutchins, McGeehan and Tabb.
At 5:25 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, May 29, 2009.